The parents of Finnegan McKee held a news conference on Friday morning.
They claim the Portillo's parking lot design and lack of safety barriers created a deadly hazard.
They're suing Portillo's for at least $100,000 in damages.
Several other people were hurt in the crash last month and have also sued.
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Police say the crash appears to be an accident.
READ MORE | Memorial grows after 2-year-old boy killed, 13 injured in crash at Oswego Portillo's
The boy's family continues to honor his life.
Through Finnegan's Project, they plan on advocating for all establishments to have protective measures at their entrances to avoid future tragedies.
"You don't go out somewhere expecting to not come home to your 2-year-old. Nobody should go through that," mother Christina McKee said.
McKee held a teddy bear throughout the news conference.
She said the bear is now a representation of her little boy and a source of comfort for the family.
A picture was shared of the boy from behind. His family wants to protect his identity.
"They need to have something to protect those people that are in those establishments, and it's as simple as putting a bollard in front of those areas," father Schyler McKee said.
GWC Injury Lawyers are representing the family.
"They already have bollards at this location protecting their own lamp posts in the parking lot and protecting the drive-thru. So they already did the cost to put these at other places in their parking lot, except the front door, where they have nose-in parking at a glass entrance," lawyer Allison Dolan said.
"Common sense says, 'well if these things exist to begin with, then why would we not be having them in every single establishment? Not just at a Portillo's," partner Louis Anthony Cairo said.
Portillo's said the company does not comment on pending litigation.
No charges or citations have been followed.
The department expects to wrap up their investigation by next week, before passing it to the Kendall County State's Attorney's Office.